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HomeMy WebLinkAbout20181376.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Consultant Services DEPARTMENT: Public Safety Communications DATE: 03-21-2018 PERSON REQUESTING: Michael R Wallace Brief description of the problem/issue: WCRCC would like to contract Mark Lawley for consultant services to review and make recommendations for Priority Dispatch Fire Protocol to WCRCC. This is a Protocol similar to EMD that we would like to propose to the Fire Chief's for purchase county wide in the dispatch center as an additional service that WCRCC would provide. I am asking the board for authorization to enter into a Personal Services Contract with Mark Lawley at $57.00 per hour basis for consulting work on this project, not to exceed $10,000 Project estimation is approx. 160 hours. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve - Personal Services Contract with Mark Lawley Disapprove — Personal Services Contract with Mark Lawley Recommendation: Approve Recommendation to enter into a Personal Services Contract with Mark Lawley Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Approve Recommendation mF J Niftaya )45kkdziL-. u-Vo-l8 L'(�' : Schedule Work Session Other/Comments: 2018-1376 Cad CONTRACT SERVICES AGREEMENT THIS AGREEMENT is made this )O day of 02018, by and between Weld County, hereinafter referred to as County, and Mark Lawley, herein er referred to as Contractor. S i services for th2e Co - and receive services from Contractor, tinder the terms of this agreement and WHEREAS, Contractor and the County desire to set forth their respective rights, obligations and duties in this agreement; NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Services. Contractor shall provide services as outlined in the statement of work, marked as Exhibit A and attached and incorporated herein. Contractor hereby accepts and agrees to such service agreement, subject to the general supervision and pursuant to the orders and direction of the County. 2. Legal Relationship of Parties. For all purposes, Contractor is a temporary part time employee of County. 3. Best Efforts of Contractor. Contractor agrees that he will at all times faithfully, and to the best of his ability, experience and talents, perform the duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of the County. 4. Term of Service. The term of this agreement shall commence April _30th_ 2018, and continue through December _31st 2018 subject to prior termination as hereinafter provided. S. Compensation. A. County agrees to pay Contractor for services performed as established in Exhibit A. Contractor may bill $57.00 per hour for both. County shall withhold FICA, Medicare, federal, and state taxes from payments, however, no other benefits will be provided pursuant to this agreement. B. Payment to Contractor will be made only upon presentation of a proper claim by Contractor, itemizing services performed. C. Payment for services and all related expenses under this Agreement shall not exceed $_10,000.00 without prior written approval. D. In the event County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental agreement. Any ao/t h37( change in work made without such prior supplemental agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Termination. Either party may terminate this Agreement without cause, upon thirty days written notice to the other party. In such event, the Contractor shall continue to render services required under this Agreement and shall be paid the compensation set forth in this agreement up to the date of termination, and no severance shall be paid to the Contractor. Notwithstanding anything contained herein to the contrary, Contractor reserves the right to suspend Contractor from perfonnance of his duties for cause, including safety and public welfare concerns. 7. No Legal Authority. Notwithstanding anything contained herein to the contrary, Contractor shall not act as an agent for the County in any matter and shall not have the right to make any contracts or legally binding commitments on behalf of the County. 8. Waiver Qf Breach. The waiver of the County or the Contractor of a breach of any provision of this Agreement by the other party, shall not operate or be construed as a waiver of any subsequent breach. 9. Entire Agreement. This Agreement contains the entire understanding between the parties. It may not be changed except by agreement, in writing, signed by both parties hereto. 10. No Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto, and upon their respective successors and assigns; provided, however that this Agreement shall be deemed a professional services contract and cannot be assigned or delegated by Contractor to any third party. 11. Unlawful Emalovees, Contractors and Subcontractors. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to Section 8-17.5-102(5), C.R.S. 12. Governing Law. The parties intend to rely on the laws of the State of Colorado for the enforcement of this agreement. 13. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. This includes, but is not limited to. reports, data, plans, drawings, records and computer files. All reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 14. Taxes and Emulovee Status. Contractor will be considered a part-time, temporary employee of the County. County will be withholding FICA, Medicare, federal, and state taxes from payments and reporting them on a W-2 at year end. The Contractor acknowledges the temporary nature of this agreement. Contract Services Agreement Page 2 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year set forth hereinabove. THE COUNTY: CONTRACTOR: WELD COUNTY Mike Freeman, Acting Chair Pro-Tem Board of Weld County Commissioners APR 302018 Exhibit A Contract Services Agreement Page 3 O2O/t i3 76, Elected Official or Department Head RE: PERSONAL SERVICES CONTRACT - MARK LAWLEY ROVED AS TO SUBSTANCE: Controller APPROVED AS TO FORM: it/ County Attorney Purpose The purpose of this scope of work is to review the benefits for the fire departments for the implementation for Emergency Fire Dispatcher(EFD) protocols. With decades of fire service experience locally, Mark Lawley will use his familiarity with Weld County Fire Departments and the types of calls to determine if this product will be beneficial for them. Deliverables for this Contract 1. Mark Lawley will need to examine the EFD protocols. This will be done through a review of the material and an educational meeting with the Executive Management team of WCRCC. The following questions will need to be answered: a. Are they protocols a benefit for the fire departments? b. If so, what are the benefits? i. Liability? ii. Proper deployment of Resources? iii. Cost Savings? iv. Consistent information gathering? v. Others? c. If the departments are able to tailor their response based on EMD code will they use it to drive lights and sirens response? Is that a benefit? d. What is the best way to approach the fire department with the idea of protocols? e. What are the areas that will interest them the most? i. ISO Ratings? f. What are the possible barriers or issues they might have with the product? 2. Attend the demonstration provided by IAED on May 16th immediately following the Fire Chiefs meeting at Kersey Fire Department. Contract Services Agreement Page 4 Hello